1. Except as otherwise provided in this subsection and except as otherwise provided by regulations adopted by the Board, a prescription for a controlled substance must be given to a pharmacy by electronic transmission in accordance with the regulations adopted by the Board. The requirements of this subsection do not apply to a prescription:
(a) Issued by a veterinarian;
(b) Issued under circumstances prescribed by regulation of the Board where:
(1) Electronic transmission is unavailable due to technologic or electronic failure; or
(2) The drug will be dispensed at a pharmacy located outside of this State;
(c) Issued by a practitioner who will also dispense the drug;
(d) That includes, without limitation, information that is not supported by the program for electronically transmitting prescriptions prescribed by the National Council for Prescription Drug Programs or its successor organization or, if that entity ceases to exist, a program designated by the Board;
(e) For which electronic prescribing is prohibited by federal law;
(f) That is not issued for a specific patient;
(g) Issued pursuant to a protocol for research;
(h) Issued by a practitioner who has received a waiver from the Board pursuant to subsection 2; or
(i) Issued under circumstances in which the practitioner determines that:
(1) The patient is unable to obtain the drug in a timely manner if the prescription is given by electronic transmission; and
(2) Delay will adversely affect the patient’s medical condition.
2. The Board may exempt a practitioner from the requirements of subsection 1 for not more than 1 year if the Board determines that the practitioner is unable to give a prescription to a pharmacy by electronic transmission because of economic hardship, technological limitations that are not within the control of the practitioner or other exceptional circumstances.
3. A prescription for a controlled substance given to a pharmacy by a means other than electronic transmission under the conditions prescribed in subsection 1 or 2 must be given:
(a) Directly from the practitioner to a pharmacist;
(b) Indirectly by means of an order or written prescription signed by the practitioner;
(c) By an order transmitted orally by an agent of the practitioner; or
(d) By transmission using a facsimile machine.
4. This section must not be construed to require a pharmacist to:
(a) Verify that a prescription that is given by means other than electronic transmission meets the requirements of subsection 1; or
(b) Require a practitioner to indicate in a prescription for a controlled substance given to a pharmacy by means other than electronic transmission under the conditions prescribed in subsection 1 or 2 the circumstances authorizing the alternative means of delivery.
5. If the Board determines that a person has violated any provision of this section or any regulations adopted pursuant thereto, the Board may:
(a) Issue and serve on the person an order to cease and desist the conduct, which must include, without limitation, the telephone number to contact the Board.
(b) Issue a citation to the person. A citation issued pursuant to this subsection must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this subsection. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.
(c) Assess against the person an administrative fine of not more than $5,000.
(d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).
6. Violation of any provision of this section or any regulations adopted pursuant thereto is subject only to the administrative penalties described in subsection 5 and any professional discipline imposed by the Board.
(Added to NRS by 2019, 2208)
Structure Nevada Revised Statutes
Chapter 639 - Pharmacists and Pharmacy
NRS 639.0015 - "Advanced practice registered nurse" defined.
NRS 639.0017 - "Biological product" defined.
NRS 639.002 - "Board" defined.
NRS 639.003 - "Certificate" defined.
NRS 639.004 - "Chart order" defined.
NRS 639.005 - "Chemical" defined.
NRS 639.0051 - "Collaborative drug therapy management" defined.
NRS 639.0052 - "Collaborative practice agreement" defined.
NRS 639.00525 - "Collaborative practice of pharmacy" defined.
NRS 639.0053 - "Compound" and "compounding" defined.
NRS 639.006 - "Conviction" defined.
NRS 639.0061 - "Course of treatment" defined.
NRS 639.0065 - "Dispense" defined.
NRS 639.007 - "Drug" and "medicine" defined.
NRS 639.0071 - "Drug sample" defined.
NRS 639.0073 - "Fill" defined.
NRS 639.0074 - "Hospital" defined.
NRS 639.008 - "Hypodermics" defined.
NRS 639.0082 - "Initial prescription" defined.
NRS 639.0085 - "Institutional pharmacy" defined.
NRS 639.00855 - "Interchangeable biological product" defined.
NRS 639.0086 - "Intern pharmacist" defined.
NRS 639.00865 - "Internet pharmacy" defined.
NRS 639.0087 - "Managing pharmacist" defined.
NRS 639.009 - "Manufacturer" defined.
NRS 639.0095 - "Nuclear pharmacist" defined.
NRS 639.0097 - "Nuclear pharmacy" defined.
NRS 639.0105 - "Parenteral solutions" and "parenterals" defined.
NRS 639.0113 - "Pharmaceutical technician" defined.
NRS 639.0115 - "Pharmaceutical technician in training" defined.
NRS 639.012 - "Pharmacy" defined.
NRS 639.0123 - "Pharmacy in a correctional institution" defined.
NRS 639.0125 - "Practitioner" defined.
NRS 639.013 - "Prescription" defined.
NRS 639.0143 - "Radiopharmaceutical" defined.
NRS 639.0144 - "Recovery center" defined.
NRS 639.0145 - "Refill" defined.
NRS 639.015 - "Registered pharmacist" defined.
NRS 639.0151 - "Remote site" defined.
NRS 639.0153 - "Satellite consultation site" defined.
NRS 639.01531 - "Self-administered hormonal contraceptive" defined. [Effective January 1, 2022.]
NRS 639.01535 - "Telehealth" defined.
NRS 639.0154 - "Telepharmacy" defined.
NRS 639.0155 - "Wholesale distribution" defined.
NRS 639.016 - "Wholesaler" defined.
NRS 639.018 - Inapplicability of chapter to certain veterinary biologic products.
NRS 639.020 - Creation; number and appointment of members.
NRS 639.030 - Qualification and terms of members; oath; vacancies; grounds for removal from office.
NRS 639.060 - Biennial report to Governor.
NRS 639.065 - Annual report concerning immunizations administered by pharmacists.
NRS 639.067 - Posting of information relating to pharmaceutical manufacturers on website.
NRS 639.070 - General powers; regulations.
NRS 639.071 - Regulations: Institutional pharmacies.
NRS 639.072 - Regulations: Pharmacies in correctional institutions.
NRS 639.0725 - Regulations: Internet pharmacies.
NRS 639.0747 - Regulations: Registered pharmacists collecting specimens.
NRS 639.090 - Enforcement of chapter; inspections.
NRS 639.093 - Communication with other public agencies; immunity.
NRS 639.095 - Board to furnish free copies of law and regulations to applicants and registrants.
NRS 639.097 - Injunctive relief.
NRS 639.120 - Qualifications of applicants to become registered pharmacists.
NRS 639.134 - Registration of pharmacist without examination; reciprocity.
NRS 639.138 - Denial of application: Notice.
NRS 639.139 - Denial of application: Procedure for reconsideration.
NRS 639.150 - Display of certificates, licenses and permits; regulations.
NRS 639.160 - Notice of new place of practice.
NRS 639.170 - Fees; costs of special meetings; regulations.
NRS 639.190 - Issuance of certificate of registration as pharmacist after forfeiture.
NRS 639.200 - Issuance of duplicate certificates and receipts for renewal.
NRS 639.211 - Mental illness: Immediate suspension of right to practice.
NRS 639.213 - Legislative declaration.
NRS 639.2171 - Legislative findings and declaration.
NRS 639.2177 - License; regulations.
NRS 639.231 - Application for and issuance of license.
NRS 639.232 - Limitations on issuance of licenses.
NRS 639.2324 - Institutional pharmacies: Requirements for operation.
NRS 639.2327 - Maintenance of stocks of drugs by certain facilities.
NRS 639.23277 - Remote sites and satellite consultation sites: Location; operation; regulations.
NRS 639.23286 - Pharmacy located outside Nevada: Substitution of drug; toll-free telephone service.
NRS 639.233 - License required.
NRS 639.2345 - Sale of veterinary drugs: Permit required; regulations; exemption.
NRS 639.2355 - Practitioner liable for prescription orally transmitted by agent.
NRS 639.236 - Numbering, filing and retention of prescriptions; inspection of files; regulations.
NRS 639.2392 - Controlled substance or dangerous drug: Records.
NRS 639.2393 - Controlled substance or dangerous drug: Limitations.
NRS 639.2394 - Controlled substance or dangerous drug: Exercise of judgment by pharmacist.
NRS 639.2395 - Early refills for topical ophthalmic products authorized under certain circumstances.
NRS 639.2396 - Specific authorization; limitations.
NRS 639.2397 - Rescission of authorization.
NRS 639.241 - Accusation: Form, contents and signature.
NRS 639.243 - Statement to Respondent: Contents.
NRS 639.244 - Notice of Defense: Form; effect of failure to file.
NRS 639.245 - Notice of hearing.
NRS 639.246 - Subpoenas; payment of witness fees and expenses.
NRS 639.247 - Hearing: Procedure.
NRS 639.248 - Hearing: Use of hearsay evidence.
NRS 639.251 - Decision; order.
NRS 639.253 - Order following rehearing.
NRS 639.2535 - Judicial review.
NRS 639.2565 - Reinstatement of suspended certificate.
NRS 639.257 - Reinstatement of revoked certificate, license or permit.
NRS 639.2576 - Immunity from civil action for assisting administrative proceeding.
NRS 639.258 - Filing of complaint.
NRS 639.2583 - General requirements governing substitution; procedure; limitations; exceptions.
NRS 639.2595 - Liability of pharmacist or practitioner.
NRS 639.2597 - Use of list of biologically equivalent drugs or interchangeable biological products.
NRS 639.263 - False or misleading advertising.
NRS 639.264 - Prohibition against unearned rebate, refund or other consideration for referrals.
NRS 639.265 - Pharmacists may trade or exchange drugs if necessary for business.
NRS 639.266 - Communication of information to patient or person caring for patient.
NRS 639.275 - Computer or other electronic device provided to practitioner by pharmacy or insurer.
NRS 639.2801 - Requirements for labeling containers for prescribed drugs.
NRS 639.2802 - Availability of information concerning prices of prescriptions.
NRS 639.2803 - Dispensing specific drugs when choice of drugs available.
NRS 639.2804 - Filling prescriptions for amygdalin and procaine hydrochloride.
NRS 639.2806 - Parenteral solutions: Limitation on sale and dispensing.
NRS 639.2807 - Parenteral solutions: Compounding, packaging and labeling; regulations.
NRS 639.281 - False representations.
NRS 639.2815 - Fraudulent or excessive charge or claim under program of public assistance; penalty.
NRS 639.2825 - Unlawful to sell, furnish or fit contact lens; exception.
NRS 639.284 - Unlawful dispensing and sales; penalties.
NRS 639.2845 - Selling or dispensing of procaine hydrochloride.
NRS 639.285 - Unlawful sales by unlicensed persons; penalties.
NRS 639.286 - Violation of Board’s regulations.
NRS 639.288 - Unlawful sales by wholesalers and manufacturers.
NRS 639.289 - Inspection of premises by Board.
NRS 639.2893 - Practicing or offering to practice without license: Reporting requirements of Board.
NRS 639.2895 - Practicing or offering to practice without license: Penalties.
NRS 639.300 - Recovery of penalties; conduct of actions and prosecutions by district attorney.
NRS 639.310 - Criminal penalty.
NRS 639.400 - "Product that is a precursor to methamphetamine" defined.
NRS 639.410 - Sales of products that are precursors to methamphetamine.
NRS 639.430 - Real-time, stop sale system: Conditions for approval; regulations.
NRS 639.510 - Protection of certain information obtained by Board.
NRS 639.515 - Bond or other form of security required; exceptions.
NRS 639.535 - Statement of prior sales" or "statement" defined.
NRS 639.540 - Duties of Board; requirements concerning use, form and contents of statement.
NRS 639.545 - Prohibited transactions.
NRS 639.555 - Additional unlawful acts.
NRS 639.575 - Information regarding other wholesalers.
NRS 639.580 - Evidence regarding due diligence; prohibited business relationships.
NRS 639.585 - On-site inspections; agreements with other wholesalers.